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Germany

Extinction Rebellion trademark, Egypt fee rise, and Crocs Gloves in art gallery: news digest

In our latest edition, we look at Māori uproar over a New Zealand trademark application, WIPO in Hungary, MARQUES addressing long goods and services lists at the EUIPO, and much more.

Extinction Rebellion trademark, Egypt fee rise, and Crocs Gloves in art gallery: news digest
29 Jul 2019

The top filers and a vision for the future: inside EUIPO operations

Less than a year into Christian Archambeau’s tenure as executive director, the EUIPO is laying the groundwork for future expansion. World Trademark Review’s annual focus on the office assesses current operations, reveals the most proactive filers and explores how the agency is taking a global view of trademarks.

22 Jul 2019

What Volkswagen’s portfolio tells us about disruption in the automotive industry

With the rise of autonomous driving technology, ride-hailing companies and micromobility transportation, traditional automotive manufacturers need to evolve fast. Positively, the strength and reputation of existing brands will prove key to fighting off digital start-ups.

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23 Aug 2019

Federal Court of Justice: all representations of a design must show the same embodiment of the product

The German Federal Court of Justice has recently reversed longstanding German case law, finally bringing it into line with the principles of EU design law. Read more

1 Aug 2019

Best practice in litigation strategies: global perspectives

Trademark experts from around the world offer practical guidance on how to maximise the chances of litigation success in their jurisdiction. Read more

14 May 2019

Procedures and strategies for anti-counterfeiting: Germany

For civil enforcement against counterfeiting, an application must be made to the ordinary courts. Preliminary ex parte measures play an important role, but are admissible only for some of the remedies available. Claims for damages, for example, can be enforced within substantive proceedings only. Read more

26 Apr 2019

Trademark Premier League: Manchester United crowned 2019 champions, as Messi pulls ahead of Neymar

With today’s World Intellectual Property Day celebrating the importance of IP in sports, research conducted by WTR finds that Manchester United has the most significant trademark portfolio of any global football club.  Read more

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Anti-counterfeiting

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19 Oct 2018

Facebook’s WHOIS access woes, DPMA’s IP workshop for refugees, and Santa-Cruz leaves INAPI: news round-up

In our latest round-up, we look at the Croatian president talking up nation branding, Gucci voicing “reluctance” to work with Alibaba and JD.com, brand owners readying themselves for motion marks, and much more. Read more

12 Sep 2018

Trademark procedures and strategies: Germany

Commercial designations are protected against newer identical or confusingly similar trade designations and trademarks once they are first used in Germany, but details of this protection can be complex. Read more

24 May 2018

Border seizure measures in the European Union

The European Union is a highly attractive business market – and a prime target for counterfeiters. The EU Customs Regulation is the most cost-efficient and strongest tool to fight counterfeiting, given the investigative powers of customs authorities throughout the European Union. Read more

24 May 2018

Procedures and strategies for anti-counterfeiting: Germany

In case of slavish imitations which are not within the scope of IP rights, the Act Against Unfair Competition provides for complementary protection of performances if additional unfair competition aspects are given, although the requirements are less strict for identical replications. Read more

Brand management

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17 May 2018

Manchester United tops Premier League of trademarks; Messi overtakes Neymar in player rankings

Exclusive research by World Trademark Review reveals the filing activity of the world’s most valuable football clubs and players, and finds that Manchester United boasts the most trademarks of any team in the world. Read more

13 Mar 2018

Managing a pharmaceutical trademark portfolio with the assistance of outside counsel

Responsibility for a company’s portfolio is frequently placed in the hands of a few specialists. Often, this is not the only task carried out within the department. However, the legal protection of trademarks requires a high degree of specialisation. Read more

29 Mar 2017

Managing major projects in a trademark portfolio: creation, assignments and renewals

As responsibility for a company’s trademark portfolio is frequently placed in the hands of a small number of specialists who work to their limits on day-to-day issues, major projects such as creation, assignment and renewal often generate additional work that exceeds in-house capabilities. Read more

1 Mar 2017

Brand creation and protection: a multifaceted approach

Practitioners from China, Germany and the United States discuss how to manage the brand lifecycle, exploring how counsel can ensure robust, innovative and effective creation and protection strategies Read more

Enforcement and litigation

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1 Aug 2019

Best practice in litigation strategies: global perspectives

Trademark experts from around the world offer practical guidance on how to maximise the chances of litigation success in their jurisdiction. Read more

14 May 2019

Procedures and strategies for anti-counterfeiting: Germany

For civil enforcement against counterfeiting, an application must be made to the ordinary courts. Preliminary ex parte measures play an important role, but are admissible only for some of the remedies available. Claims for damages, for example, can be enforced within substantive proceedings only. Read more

26 Apr 2019

Trademark Premier League: Manchester United crowned 2019 champions, as Messi pulls ahead of Neymar

With today’s World Intellectual Property Day celebrating the importance of IP in sports, research conducted by WTR finds that Manchester United has the most significant trademark portfolio of any global football club.  Read more

23 Apr 2019

Court of appeal confirms cross-sectoral protection of BMW’s famous automotive mark in luxury real estate sector

Following a long-running legal battle between German car manufacturer BMW and a Berlin-based real estate company over the latter’s use of the logo HGHI BMW, BMW has been successful on appeal before the Higher Regional Court of Hamburg. Read more

Goverment/policy

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11 Apr 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern. Read more

Law firms

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23 Jan 2019

You get what you pay for? Variances in law firm hourly rates revealed

New research has revealed the variance in the hourly rates charged by law firm practitioners for trademark-related work in key jurisdictions, with the hourly rate for a partner ranging from $30 to $880. Read more

7 Sep 2018

The fall of the own-name defence

The ability to raise the own-name defence in Europe is about to come to an end. This article examines the consequences of recent own-name legislative changes for businesses in Europe. Read more

IP offices

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5 Apr 2019

How South Africa’s predicted economic upswing will create opportunities for brands and their advisors

The country is seeing increased interest from international entities - particularly from the US; this will likely grow in scale as not only the South African economy develops, but as other emerging markets on the African continent grow.  Read more

6 Apr 2018

Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot. Read more

17 Nov 2017

Germany’s hearty trademark scene and stunning courtroom win rates: exclusive data analysis

The latest country data report focuses on Germany. We reveal the European powerhouse’s leading sectors and explain how the country’s robust brands have continued to surge in value. Read more

Online

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18 Oct 2017

German Federal Court rules on Google’s Image Search

The Federal Court of Justice has handed down a judgment of utmost importance for the exploitation of copyright on the Internet. The decision, which will become known and referred to under the name Thumbnail III, examined whether the display of preview images in search results constituted an act of making available a copyright work in the sense of the copyright law. Read more

1 Mar 2017

Germany: Fight for your (domain name) rights

As more and more companies use the Internet to sell goods and services, it is crucial to register the right domain name and then to protect it effectively Read more

Portfolio management

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17 May 2018

Manchester United tops Premier League of trademarks; Messi overtakes Neymar in player rankings

Exclusive research by World Trademark Review reveals the filing activity of the world’s most valuable football clubs and players, and finds that Manchester United boasts the most trademarks of any team in the world. Read more

27 Apr 2018

New hope for 'Black Friday' offers in Germany?

The German Patent and Trademark Office has held that the trademark BLACK FRIDAY was descriptive and must therefore be kept free for use by competitors. Read more

13 Mar 2018

Managing a pharmaceutical trademark portfolio with the assistance of outside counsel

Responsibility for a company’s portfolio is frequently placed in the hands of a few specialists. Often, this is not the only task carried out within the department. However, the legal protection of trademarks requires a high degree of specialisation. Read more

11 Dec 2017

Protecting and enforcing design rights: Germany

German registered designs are governed by the Design Act, which was recently renamed to reflect the fact that German registered designs are now officially called ‘designs’, rather than the previously used ‘aesthetical models’. This is an interesting inconsistency in German law, as the official German name for registered Community designs is still ‘Community aesthetical model’, even in the Design Act itself. Read more

Trademark law

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25 Jan 2019

Litigation procedures and strategies: Germany

Alternative dispute resolution methods exist; however, they play only a minor role in Germany. One reason is Germany’s efficient court system, which allows for settling trademark conflicts quickly and at reasonable costs.  Read more

17 Jan 2019

Amended German trademark law comes into force - key changes highlighted

The Trademark Law Modernisation Act, which aims to transpose Directive 2015/2436 into German law, has come into force. This update reviews the changes that will have the greatest impact on mark owners. Read more

7 Jan 2019

Protecting and enforcing design rights: Greece

With regard to national industrial designs, Greece has a ‘partially cumulative’ protection system. According to this doctrine, a registered design is eligible for protection under both copyright and design law, provided that the requirements for each type of right apply.  Read more

7 Jan 2019

Protecting and enforcing design rights: Germany

German registered designs are governed by the Design Act, which was recently renamed to reflect the fact that German registered designs are now officially called ‘designs’, rather than the previously used ‘aesthetical models’. This is an interesting inconsistency in German law Read more

trending

1

Extinction Rebellion trademark, Egypt fee rise, and Crocs Gloves in art gallery: news digest

2

Federal Court of Justice: all representations of a design must show the same embodiment of the product

3

What Volkswagen’s portfolio tells us about disruption in the automotive industry

4

Manchester United tops Premier League of trademarks; Messi overtakes Neymar in player rankings

5

How South Africa’s predicted economic upswing will create opportunities for brands and their advisors

latest

1

Federal Court of Justice: all representations of a design must show the same embodiment of the product

2

Best practice in litigation strategies: global perspectives

3

Procedures and strategies for anti-counterfeiting: Germany

4

Trademark Premier League: Manchester United crowned 2019 champions, as Messi pulls ahead of Neymar

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Harley I Lewin
Partner
New York NY, United States
McCarter & English LLP
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